BLANKENSHIP v. McKAY

No. 49A02-8709-CV-360.

534 N.E.2d 243 (1989)

Paul BLANKENSHIP, Appellant (Plaintiff below), v. Duane McKay, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

Rehearing Denied March 17, 1989.


Attorney(s) appearing for the Case

Patrick J. Bennett, Bennett & Sheff, Indianapolis, for appellant.

C. Duane O'Neal, Lewis Kappes Fuller & Eads, Indianapolis, for appellee.


SULLIVAN, Judge.

Paul Blankenship filed this civil lawsuit against Duane McKay seeking treble damages plus costs and attorney fees as a result of pecuniary loss sustained when McKay embezzled money from Blankenship's accounting clients. McKay sought summary judgment upon grounds that because he had been convicted in a criminal prosecution for the alleged acts, the common law barred a civil claim notwithstanding the provisions of I.C. 34-4-30-2 (Burns Code Ed.Repl...

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